Procedural Rules

  1. Bacta ADR service (The Entity) is free of any charge or fee to the consumer. We cannot act as an ADR entity with regard to online or remote gambling disputes.

  2. Prior to commencing the ADR procedure, both parties are informed that they have the right to withdraw from the process at any stage should either party be dissatisfied with the operation or performance in which the ADR is being conducted.

  3. Bacta ADR service will notify both parties upon receipt of all documentation which constitutes the complete complaint file.

  4. Upon receipt of all documentation, bacta ADR service will complete the ADR process within 90 calendar days, but will endeavour to do so earlier wherever possible. In the event of exceptional cases of a highly complex nature, the bacta ADR service may extend the 90-day period with both parties being notified of the reasons for the extension and its expected duration.

  5. During the course of the process, either party is able to express their points of view. If requested, bacta ADR service will provide a party with available evidence, documents, arguments and facts put forward by the other party, including any expert or independent opinion, ensuring that they have reasonable opportunity to comment on the information and/or documents disclosed.

  6. Having concluded the process and arrived at a decision, bacta ADR service will notify both parties of the outcome on a ‘durable medium’ (e.g. paper or email), allowing information to be addressed personally to the recipient and to enable storage of the information for future reference for an appropriate duration of time for the purpose of the information giving a detailed statement of the grounds on which the outcome is based.

  7. The ADR procedure complies with the Data Protection Act 1998 with regard to processing personal data.

  8. The parties are not required to have a legal advisor, but can engage one, or be represented by a third party if they so desire.

  9. Should bacta ADR service suggest a settlement to the parties, as opposed to imposing a settlement upon them, bacta ADR service will inform both parties:

    • That they have a choice as to whether or not to accept the proposed settlement.

    • Of the legal effect of accepting the proposed settlement.

    • That participation in the ADR procedure does not deny the consumer his or her UK statutory consumer protections and therefore cannot prevent them from taking the matter to court.

    • That the proposed settlement may be different to the decision a court might reach.

    • That the ADR entity will give both parties a reasonable period of time to reflect on the proposed settlement.

  10. Where the operator (trader) is under a legal obligation to accept the settlement - or where terms of settlement are recommended to the trader by the ADR entity - once the consumer has accepted the settlement, the above rights do not apply to the trader.

  11. Bacta ADR service may conclude from the ADR process that an outcome arrived at should be binding on the operating company (if accepted by the consumer) for disputes which would otherwise be taken to the small claims court (currently disputes of not more than £10,000). For disputes over £10,000 the ADR procedure need not be binding – this will allow for example that mediation could be employed for disputes of more than £10,000 or for adjudication decisions to be non-binding on the operating company.